September 13, 1999

 

A regular meeting of the City Council was held on Monday, September 13, 1999, at 7:00 p.m. in the Council Chambers of City Hall. Mayor Black presided. The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present: Drummond Black, John Coppage, John Moolenaar, John Tysse, Marty Wazbinski

Councilmen absent: None

 

Minutes Approval of the minutes of the August 23, 1999 special and regular meetings was offered by Councilman Coppage and seconded by Councilman Tysse. (Motion adopted.)

 

Northwood University & Changchun Lambton College Partnership Recognition   The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the Mayor is authorized to issue the attached Proclamation of Recognition to Northwood University and Changchun Lambton College for their partnership. (Motion adopted.)

 

CMU’s Center for Applied Research & Rural Studies Selina Tisdale, Community Relations Coordinator, presented a video which is airing on MGTV5 regarding Hubbell, Roth & Clark’s July 1999 proposal to improve Midland’s sanitary sewer system. Dr. James Hill and Manager Mary Senter from CMU’s Center for Applied Research and Rural Studies (CARRS) appeared to discuss the direction, scope, process and timeline for conducting a survey on the sanitary sewer issue. William Fagley, 1700 Glendale, supported the approach of using a random survey on sanitary sewers and presented results of his personal survey poll on his sensible sewer proposal. Dorothy Lengerman, 405 E. Nelson, voiced her concerns that residents in her ward would not vote. The following resolution was then offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, Midland City Council desires to conduct a statistically valid random sample survey regarding citizens’ opinions of the HRC July ’99 proposal to improve Midland’s Sanitary Sewer System; now therefore

RESOLVED, that the City Council hereby directs the staff to work with Central Michigan University’s Center for Applied Research and Rural Studies to coordinate and execute said survey at a cost not to exceed $13,800. (Motion adopted. Yeas: Black, Coppage, Tysse, Wazbinski Nays: Moolenaar)

 

98-99 DDA Budget Amendment James Schroeder, Director of Planning and Community Development, presented information on the proposal to amend the 1998-99 Downtown Development Authority budget. A public hearing was opened at 8:50 p.m. Jennifer Adamcik, Downtown Development Coordinator, spoke in support of the amendment. The hearing closed at 8:52 p.m. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, a public hearing was held by the City Council on Monday, September 13, 1999, at 7:00 p.m. in the City Council Chambers, City Hall, 333 West Ellsworth Street, Midland, Michigan, for the purpose of receiving public comment on the proposal to consider amending the 1998-1999 Downtown Development Authority Budget for the purpose of adding additional revenues in the amount of $100,000.00 and adding to the Capital Expenditures (Fašade Assistance) by a like amount; and

WHEREAS, a recommendation has been received from the Downtown Development Authority that the 1998-99 budget of the Downtown Development Authority be amended; now therefore

RESOLVED, that the City Council hereby amends the 1998-99 budget of the Downtown Development Authority to add additional revenues in the amount of $100,000.00 and adding to the Capital Expenditures (Fašade Assistance) by a like amount. (Motion adopted.)

PUBLIC COMMENTS No comments were made.

Project Impact Memorandum of Agreement James Schroeder, Director of Planning and Community Development, presented information on the Memorandum of Agreement describing the City’s activities in Project Impact which includes eight projects. Tom McCann, 3310 Jefferson, requested James Schroeder review Project No. 1 of the agreement. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Coppage:

RESOLVED, that the City Council of the City of Midland approves the Memorandum of Agreement describing the City’s activities in Project Impact, to be entered into with the Federal Emergency Management Agency and the State of Michigan, and authorizes the Mayor and City Clerk to execute the Agreement on behalf of the City. (Motion adopted.)

Williams Twp. – Tax Exemption Certificate   Patricia Halm, City Attorney, presented information on a request from The Dow Chemical Company for requesting Council’s consent to the transfer of employment under Section 9 of Public Act 198 of 1974. The resolution consenting to the granting of the Public Act 198 tax exemption certificate to The Dow Chemical Company was offered by Councilman Coppage and seconded by Councilman Wazbinski and approved by a 5/0 yea vote. Councilman Coppage moved, seconded by Councilman Tysse, to rescind the resolution. Rescinding the resolution gave the Clerk time to present signed "Affidavits" from Councilman Coppage and Councilman Tysse, retirees of The Dow Chemical Company. The following resolution rescinding the previous resolution was then presented for consideration:

RESOLVED, that resolution consenting to Williams Township’s issuance of a Public Act 198 tax exemption certificate to The Dow Chemical Company is hereby rescinded. (Motion adopted.)

Upon submittal of the signed "Affidavits", the resolution consenting to the granting of the Public Act 198 tax exemption certificate to The Dow Chemical Company was again offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, The Dow Chemical Company ("Dow") is a Michigan corporation which has its headquarters in the City of Midland and more specifically a research and development operation located at the 1712 Building within the City of Midland; and

WHEREAS, Section 9 of Public Act 198 of 1974 ("Plant Rehabilitation and Industrial Development District Act") requires that a local unit of government be notified in the event that a business transfers employment from that governmental unit to another governmental unit and has applied for a tax exemption at its new location; and

WHEREAS, Section 9 of the Act also provides that the local unit of government losing employment may withhold its consent to the proposed tax exemption by adopting a resolution stating such and forwarding it to the State Department of Consumer and Industry Services; and

WHEREAS, on August 31, 1999, the City Clerk received a letter from Dow informing the City that they planned to relocate 4 employees from its 1712 Building to a facility located at 5300 Eleven Mile Road, in the Charter Township of Williams, Bay County, Michigan and that they have requested a Public Act 198 tax exemption from Williams Township for certain personal property; now therefore

RESOLVED, that the City Council of the City of Midland hereby consents to the granting of the Public Act 198 tax exemption certificate to The Dow Chemical Company by Williams Township; and

RESOLVED FURTHER, that the City Clerk is directed to mail a certified copy of this resolution to Williams Township, the State Department of Consumer and Industry Services and The Dow Chemical Company. (Motion adopted.)

 

Budget Transfer – MDEQ Administrative Consent Order     Noel Bush, Director of Utilities, presented information on the MDEQ Administrative Consent Order. William Fagley, 2700 Glendale, questioned paying the penalty from the Wastewater Treatment Fund budget. The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Moolenaar:

WHEREAS, on August 23, 1999, the Midland City Council (under Agenda Item 5A) entered into an Administrative Consent Order with the Michigan Department of Environmental Quality as a result of a settlement arising from allegations by the MDEQ of sewer discharge violations; and

WHEREAS, the order states that the City agrees to pay to the State of Michigan a penalty of $5,000 as partial compensation for the cost of investigations and compliance and enforcement activities, and the City also agrees to pay $40,000 to the general fund of the State in lieu of paying a civil penalty; and

WHEREAS, in accord with Section 11.6 of the Charter of the City of Midland, the Utilities Department proposes the transfer of $45,000 of the unencumbered appropriation balance in the Wastewater Fund - Contingency Reserve account to Wastewater Fund - General account for the purpose of payment for penalties mandated by an Administrative Consent Order between the City of Midland and the Michigan Department of Environmental Quality; now therefore

RESOLVED, that a budget transfer is made transferring $45,000 from Wastewater Fund - Contingency Reserve account to Wastewater Fund - General account for the payment of penalties as mandated by an Administrative Consent Order entered into with the Michigan Department of Environmental Quality. (Motion adopted.)

 

Preliminary Plat – Foxfire Subdivision No. 1     James Schroeder, Director of Planning and Community Development, presented information on the tentative approval of the preliminary plat of Foxfire Subdivision No. 1. Jack Pulley, Attorney for Tom McCann, spoke in favor of approving the preliminary plat as presented. Tom McCann, 3310 Jefferson, proprietor, spoke in favor of approval of the plat as presented. Councilman Wazbinski moved, seconded by Councilman Coppage the resolution to approve the preliminary plat of Foxfire Subdivision No. 1. Councilman Coppage moved, seconded by Councilman Moolenaar, to postpone action on the tentative approval of the preliminary plat of Foxfire Subdivision No. 1. The following resolution was then presented for consideration:

RESOLVED, that action on the Preliminary Plat of Foxfire Subdivision No. 1 is hereby postponed until September 20, 1999. (Motion adopted.)

2000 Council Meeting Dates The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that regular meetings of the Midland City Council for the calendar year 2000 shall be held in the Council Chambers at the Midland City Hall, 333 W. Ellsworth Street, Midland, Michigan, telephone number 837-3300, at 7:00 p.m., on the following dates:

January 10 and 31 February 14 and 28
March 13 and 20 April 10 and 24
May 8 and 15 June 12 and 26
July 17 and 24 August 14 and 28
September 11 and 25 October 9 and 23
November 13 and 20 December 4 and 18

;and

RESOLVED FURTHER, that the City Clerk be and is hereby directed to cause a public notice of the foregoing regular dates and times for meetings and the place at which meetings are to be held by publishing a notice once in the Midland Daily News, a newspaper of general circulation in the City of Midland; and

RESOLVED FURTHER, that public notice of each special meeting of each rescheduled regular or special meeting listing the date, time and place of each meeting shall be given by prominently posting a copy of the notice at the Midland City Hall at least twenty-four (24) hours prior to the time of such special or rescheduled meeting; and

RESOLVED FURTHER, that proposed minutes of a meeting will be available for public inspection during regular business hours, at the office of the City Clerk in the City Hall, 333 W. Ellsworth Street, Midland, Michigan, not more than eight (8) business days after said meeting and approved minutes of said meeting will be available for public inspection during regular business hours at the same location not more than five (5) business days after the meeting at which they are approved. (Motion adopted.)

 

Subrecipient Agreement-Reece Community Living Endeavor     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the 1999-2000 Community Development Block Grant budget provides funds to the David Reece Fund for the purpose of providing housing to low- and moderate-income individuals and families; and

WHEREAS, the conditions for providing such funds require entering into a subrecipient agreement with the Reece Community Living Endeavor (David Reece Fund) to ensure the ongoing provision of these housing facilities for low- and moderate-income individuals and families; now therefore

RESOLVED, that the Mayor and City Clerk are authorized to execute said agreement on behalf of the City. (Motion adopted.)

 

Golf Course Renovation - Matthews & Associates Agmt     Martin McGuire, Director of Public Services, presented information on the Golf Course Routing Plan and Service Contract. The following resolution was then offered by Councilman Coppage and seconded by Councilman Wazbinski:

WHEREAS, on December 21, 1998, the City Council accepted foundation gifts for the construction and renovation of Currie West Golf Course; and

WHEREAS, the Council also authorized on December 21, 1998, the administration to negotiate a design contract with Matthews and Associates of Lansing, Michigan; and

WHEREAS, the staff and Golf Players Committee of the Parks and Recreation Commission have received and recommended the routing plan; and

WHEREAS, the Planning Department has begun the process of vacating streets necessary to accommodate the routing plan; and

WHEREAS, the staff is desirous of proceeding with the construction of the project and retaining Matthews and Associates to prepare construction documents and to supervise the construction; now therefore

RESOLVED, that the routing plan prepared by Matthews is approved pending the vacation of portions of Burtless, Prentiss and Soper Streets as proposed by the Planning Department; and

RESOLVED FURTHER, that the Mayor and City Clerk are hereby authorized to execute a contract with Matthews and Associates for design and construction supervision services in the amount of $174,500. (Motion adopted.)

Vacation of Burtless & Soper / Abandonment of Prentiss Street     James Schroeder, Director of Planning and Community Development, presented information regarding a request to vacate all of Burtless Street, to vacate Soper Street from Madison Street to Burch Street and to abandon all of Prentiss Street. The following resolution was then offered by Councilman Moolenaar and seconded by Councilman Wazbinski:

RESOLVED, that a request to vacate all of Burtless Street, to vacate Soper Street from Madison Street to Burch Street, and to abandon all of Prentiss Street, be referred to the City Planning Commission, the City Engineer, the Utilities Director, and the Director of Public Services for review and recommendation back to the City Council. (Motion adopted.)

Easements – Huntley Lane The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Easement Agreements from Ricky H. and Tammie L. Limmer and Thomas R. and Marilyn I. Holsinger, to the City of Midland, for easements to construct water mains and sanitary sewers on Huntley Lane, in Section 13, T. 14 N., R. 1 E., are hereby accepted and that the Easement Agreements are ordered recorded. (Motion adopted.)

Quit Claim Deed – Welch Drive The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the attached Quit Claim Deed from Robert B. and Marion L. Tuttle, to the City of Midland, for the right of way of Welch Drive, in Section 13, T. 14 N., R. 1 E., is hereby accepted and that the Quit Claim Deed is ordered recorded; and

RESOLVED FURTHER, that said right of way shall be used for public street purposes. (Motion adopted.)

 

Adopt-A-Street Program Use of Public Right of Way The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, a pilot Adopt-A-Street Program was approved November 4, 1996; and

WHEREAS, the program proved to have a positive impact on the community; and

WHEREAS, the Beautification Advisory Committee and the Parks and Recreation Commission have reviewed the program and recommended that it be extended to the remainder of the City under the auspices of the Department of Public Services; now therefore

RESOLVED, that the use of public street right of way may be approved by the Director of Public Services in conjunction with the Adopt-A-Street Program; and

RESOLVED FURTHER, that signs may be placed in connection with this program. (Motion adopted.)

 

West Service Drive Re-Surfacing and Repair The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, bids were received for re-surfacing and repair of the West Service Drive at Washington Woods; and

WHEREAS, funding is available in the 1999-00 budget, Account Number 536-9120-912.97-20; and

WHEREAS, J. Pomranky, Inc. has submitted the low bid of $21,025.00; now therefore

RESOLVED, that the bid of J. Pomranky, Inc. be accepted and a Purchase Order be issued. (Motion adopted.)

 

Resurfacing of US-10 BR MDOT Contract No. 99-5373     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, a proposed Contract No. 99-5373 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the resurfacing of US-10 BR (Eastman Avenue) from Saginaw Road to Bookness Street; and

WHEREAS, the proposed shares of cost for the project are $756,500 from Federal Aid, $153,100 from Michigan Department of Transportation and $14,700 from the City of Midland in accordance with the provisions of Act 51 representing 8.75% of the balance of the cost of the project after Federal Aid participation; and

WHEREAS, funding for this project will be provided by the Major Street Fund; and

WHEREAS, the City of Midland is desirous of having said road resurfaced; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 99-5373 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland. (Motion adopted.)

 

Bridge Deck Repairs M-20/US-10BR MDOT Contract No. 99-5424 The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, a proposed Contract No. 99-5424 has been submitted to the City of Midland by the Michigan Department of Transportation for approval of funding for the repair of decks on bridges on M-20/US-10 BR over Waldo Road and Saginaw Road; and

WHEREAS, the proposed shares of cost for the project are $927,100 from Federal Aid, $187,600 from Michigan Department of Transportation and $18,000 from the City of Midland in accordance with the provisions of Act 51 representing 8.75% of the balance of the cost of the project after Federal Aid participation; and

WHEREAS, funding for this project will be provided by the Major Street Fund; and

WHEREAS, the City of Midland is desirous of repairs to the bridge decks to facilitate traffic and improve traffic safety; now therefore

RESOLVED, that the City Council hereby approves the proposed Michigan Department of Transportation Contract No. 99-5424 and authorizes the Mayor and City Clerk to execute the contract on behalf of the City of Midland. (Motion adopted.)

 

Amendment to Bus Capital MDOT Contract #98-0605/A2     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

RESOLVED, that the City Manager and City Clerk are hereby authorized to execute contract No. 98-0605/A2 with the Michigan Department of Transportation which provides additional state and federal funds to reimburse the city the total of $37,750 for the purchase of a customized minivan with a handicap ramp. (Motion adopted.)

Rearloading Refuse Truck The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, sealed proposals were advertised and received on August 3, 1999 in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of one used rearloading refuse truck (Bid No. 2302); and

WHEREAS, only one bid was received for the used rearloading refuse truck; and

WHEREAS, sealed proposals have been re-advertised and received on August 24, 1999 in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of one used rearloading refuse truck (Bid No. 2318); and

WHEREAS, partial funding for the purchase in the amount of $40,000 is included in the 1999-2000 Equipment Revolving Fund Capital Equipment Program, "Refuse Truck," and additional funding in the amount of $9,200 is available from the budgeted amount for "Administrative Cars;" now therefore

RESOLVED, that the bid received on August 3, 1999 for one used rearloading refuse truck is hereby rejected; and

RESOLVED FURTHER, that the City Controller is authorized to amend the 1999-2000 Capital Equipment Program in the Equipment Revolving Fund by increasing the amount budgeted for "Refuse Truck" by $9200 to a revised amount of $49,200 and by decreasing the amount budgeted for "Administrative Cars" by $9200 to a revised amount of $40,800; and

RESOLVED FURTHER, that the August 24, 1999 bid be awarded to Trucks and Parts of Ohio, in the amount of $49,200 for the purchase of one used rearloading refuse truck in accordance with the city specifications and that the Purchasing Agent is authorized to issue a purchase order in that amount. (Motion adopted.)

Purchase – Water Meters The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, the City standardized water meters in 1987, selecting Sensus Water Meters through the competitive bid process, thus eliminating the need to duplicate meter reading equipment; and

WHEREAS, sealed proposals (Bid No. 2309) have been advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for the purchase of Sensus Water Meters for new and replacement meters; and

WHEREAS, funding for all meters is provided through the Inventory Account; now therefore

RESOLVED, that the lone sealed proposal submitted by Etna Supply Company of Grand Rapids, Michigan, for the amounts indicated, with prices in effect July 1, 1999 through June 30, 2000, not to exceed $110,000 for inventory purchases, is accepted and purchase orders authorized. (Motion adopted.)

 

99 Huntley, Laughton & Welch Special Assessment Roll     The following resolution was offered by Councilman Coppage and seconded by Councilman Tysse:

WHEREAS, pursuant to the direction of the City Council, the City Assessor of said City of Midland has prepared and reported to the City Council the Assessment Roll covering and containing the proposed Special Assessments assessed and levied respectively in the "1999 HUNTLEY, LAUGHTON AND WELCH WATER MAIN IMPROVEMENT SPECIAL ASSESSMENT DISTRICT" as heretofore established for the proposed Water Main Improvement in said district, as designated in Resolutions heretofore adopted by the City Council; now therefore

RESOLVED, that the said Roll be accepted by the City Council and that it be filed in the office of the City Clerk for public examination, and that the City Clerk be and is hereby directed to give notice pursuant to the Ordinance that the Assessment Roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Midland will meet at the Council Chambers in the City Hall in said City at 7:00 o’clock p.m., on the fourth day of October, 1999, to review said Special Assessment Roll at which time and place, opportunity will be given to all persons interested to be heard; and

RESOLVED FURTHER, that the City Clerk give notice of said hearing by causing a copy of this Resolution to be published once in the Midland Daily News at least ten days prior to the date of the fourth day of October, 1999, and that the City Clerk also give notice of said hearing by letter to each property owner subject to Special Assessment by reason of said improvement, the addresses of said property owners to be taken from the latest Tax Assessment Roll in the City Assessor’s Office in accordance with Act 162 of the Public Acts of Michigan of 1962. (Motion adopted.)

 

NEW BUSINESS

Council directed Patricia Halm, City Attorney, to research what the townships surrounding Midland have done in terms of ordinances regulating sexually oriented businesses and to report back to them this information as well as an overview of what types of ordinances are available. The City Council directed that the issue of a noise ordinance be referred to the Planning Commission and directed staff work with the Planning Commission to develop proposed language.

Council set a joint meeting with the Planning Commission for September 20, 1999, at 5:45 p.m.

Being no further business the meeting adjourned at 10:24 p.m.

 

_____________________________________
Penny K. Kovacevich, City Clerk